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Marine Safety Bill


Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

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                      (b)                     costs incurred in connection with action taken under

paragraph 4;

                      (c)                     costs incurred under sub-paragraph (4).

                           (6)               A right under sub-paragraph (2), (3) or (5) permits the recovery of

costs only in so far as they are not recoverable—

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                      (a)                     under another enactment,

                      (b)                     by virtue of an agreement, or

                      (c)                     under the law relating to salvage.

Jurisdiction

          16                The Admiralty jurisdiction of the High Court and of the Court of

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Session shall include jurisdiction to hear and determine any claim

arising under paragraph 14 or 15.

Ships to which Schedule applies

          17                A direction under paragraph 1 or 2, in so far as it relates to a risk

of pollution, may have effect in respect of a ship only if it—

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                      (a)                     is a United Kingdom ship, or

                      (b)                     is in United Kingdom waters or an area of the sea specified

under section 129(2)(b).

          18               (1)               Her Majesty may by Order in Council provide that a direction

under paragraph 1 or 2, in so far as it relates to a risk of pollution,

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may have effect in respect of a ship which—

                      (a)                     is not a United Kingdom ship, and

                      (b)                     is not in United Kingdom waters or an area of the sea

specified under section 129(2)(b).

                           (2)               An Order in Council under this paragraph—

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                      (a)                     may be expressed to apply generally or only in specified

circumstances;

                      (b)                     may make different provision for different circumstances;

                      (c)                     may provide for this Schedule to have effect in cases to

which the Order in Council applies with specified

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modifications;

                      (d)                     may contain transitional or consequential provision

(including provision amending an enactment).

          19                A direction under paragraph 1 or 2, in so far as it relates to a risk

to safety, may have effect in respect of a ship only if it is in United

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Kingdom waters and—

                      (a)                     it is not a qualifying foreign ship, or

                      (b)                     it is a qualifying foreign ship which in the Secretary of

State’s opinion is exercising neither the right of innocent

passage nor the right of transit passage through straits

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used for international navigation.

          20               (1)               A direction under paragraph 3 may have effect in respect of a ship

only if it is in United Kingdom waters and—

                      (a)                     it is not a qualifying foreign ship, or

 

 

Marine Safety Bill
Schedule 1 — New Schedule 3A to the Merchant Shipping Act 1995 - Safety Directions

    9

 

                      (b)                     it is a qualifying foreign ship which in the Secretary of

State’s opinion is exercising neither the right of innocent

passage nor the right of transit passage through straits

used for international navigation.

                           (2)               A direction may not be given under paragraph 3(3)(d) in respect

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of a United Kingdom ship.

          21                A direction may not be given under paragraph 1(2)(a) to (d) or 3 in

respect of—

                      (a)                     a ship of Her Majesty’s Navy, or

                      (b)                     a Government ship.

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Interpretation

          22               (1)               In this Schedule—

                       “accident” means a collision of ships, a stranding, another

incident of navigation or another event (whether on

board a ship or not) which results in material damage to

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a ship or its cargo or in an imminent threat of material

damage to a ship or its cargo,

                       “action” includes omission,

                       “enactment” includes an enactment comprised in, or in an

instrument made under, an Act of the Scottish

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Parliament,

                       “harbour authority” has the meaning given by section

151(1),

                       “harbour master” includes a dock master or pier master, and

any person specially appointed by a harbour authority

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for the purpose of enforcing the provisions of this

Schedule in relation to the harbour,

                       “hazardous substance” has the meaning given by sub-

paragraph (2),

                       “owner”, in relation to the ship to or in which an accident

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has occurred, includes its owner at the time of the

accident,

                       “pilot” means a person who does not belong to a ship but

who has the conduct of it,

                       “pollution” means significant pollution in the United

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Kingdom, United Kingdom waters or an area of the sea

specified under section 129(2)(b), and

                       “risk to safety” means a risk to the safety of persons,

property or anything navigating in or using United

Kingdom waters.

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                           (2)               In this Schedule “hazardous substance” means—

                      (a)                     oil (within the meaning given by section 151(1)),

                      (b)                     any other substance which creates a hazard to human

health, harms living resources or marine life, damages

amenities or interferes with lawful use of the sea, and

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                      (c)                     any substance prescribed by order of the Secretary of State.

 

 

Marine Safety Bill
Schedule 2 — Minor and Consequential Amendments

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Savings

          23                Nothing in this Schedule shall be taken to prejudice any right or

power of Her Majesty’s Government.

          24               (1)               This paragraph applies where action is taken—

                      (a)                     in respect of a ship which is under arrest or in respect of

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anything in a ship which is under arrest, and

                      (b)                     in accordance with a direction under this Schedule or by

virtue of paragraph 4.

                           (2)               The action shall not—

                      (a)                     be treated as a contempt of court, or

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                      (b)                     give rise to civil liability on the part of the Admiralty

Marshal (including the Admiralty Marshal of the Supreme

Court in Northern Ireland).”

Schedule 2

Section 3

 

Minor and Consequential Amendments

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Dangerous Vessels Act 1985 (c.22)

  1        The following shall be inserted after section 6 of the Dangerous Vessels Act

1985 (saving)—

       “6A            Saving for safety directions

Directions under section 1 of this Act shall have no effect in so far as

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they—

                    (a)                   are inconsistent with the exercise by or on behalf of the

Secretary of State of a power under Schedule 3A to the

Merchant Shipping Act 1995 (c. 21) (safety directions),

                    (b)                   would interfere with a person’s compliance with a direction

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under that Schedule, or

                    (c)                   would interfere with action taken by virtue of that Schedule.”

Merchant Shipping Act 1995 (c.21)

  2        The following provisions of the Merchant Shipping Act 1995 shall cease to

have effect—

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              (a)             sections 100C to 100E (movement of ship), and

              (b)             sections 137 to 141 (pollution directions).

 

 

Marine Safety Bill
Schedule 3 — Repeals

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Schedule 3

Section 3

 

Repeals

 

Short title and chapter

Extent of repeal

 
 

Merchant Shipping Act 1995

Sections 100C to 100E.

 
 

(c. 21)

Sections 137 to 141.

 

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Merchant Shipping and

Section 2.

 
 

Maritime Security Act 1997

Section 3.

 
 

(c. 28)

Section 10.

 
 

 

 
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